In East Egg Associates v. Diraffaele, Misc 2d 364 [Civ Ct, NY County 1993], affd 160 Misc 2d 667 [App Term, 1st Dept 1994] the court awarded attorney fees to a tenant based on judicial admissions a landlord made in its petition, even though the original lease was lost. The court explained that "where a proper excuse has been shown for the nonproduction of the original writing, such as its loss, the admissions of the adversary . . . can be received in evidence to prove the former existence as well as the contents of the writing.'" (158 Misc 2d at 366.) The East Egg court concluded that statements made in the landlord's petition, including "specific allegations of a written rental agreement'" followed by a reference to a particular lease paragraph under which the landlord was entitled to attorneys' fees, are "specific enough to constitute a formal judicial admission." (158 Misc 2d at 367.)